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Waasdorp v. DiGiuseppe

Beth WAASDORP and Donald Waasdorp, v. Carol F. DiGIUSEPPE and Nicola DiGiuseppe, Appellants

Waasdorp v. DiGiuseppe, 423 A.2d 1047 (Pa. Super. Ct. 1980)
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Court
Superior Court of Pennsylvania · State Appellate Courts
Decided
December 29, 1980
Docket
No. 1970
Judges
Price, Wickersham, Lipez
Citations
423 A.2d 1047283 Pa. Super. 1771980 Pa. Super. LEXIS 3528

Opinion — Price

PRICE, Judge:

This appeal, has been taken from the order entered September 12, 1979, by the Court of Common Pleas of Delaware County. That order dismisses the motions for new trial filed on behalf of appellants. There has been no entry of judgment.

Where a motion for a new trial is made after a verdict and the motion is overruled, no appeal lies from the order refusing the new trial. Such an order is interlocutory and is unappealable.

General Electric Credit Corporation v. Aetna Casualty and Surety Company, 437 Pa. 463 , 263 A.2d 448 (1970); Pa.R.A.P. 301.

*179 In such cases, the appeal must be from the judgment which is entered on the verdict.

General Electric Credit Corporation v. Aetna Casualty and Surety Company, et al., supra.

It is, therefore, necessary to quash this appeal. Further, the principles of law and procedure that require this result are too vital and necessary to waive or overlook, even in the name of judicial economy.

The appeal is quashed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1981: 119812026peak 1981 · 1

Relies on it most ⓘ

  1. Folcarelli v. Transportation Services, Inc.426 A.2d 152 (Pa. Super. Ct. 1981)

Most recent

  1. Folcarelli v. Transportation Services, Inc.426 A.2d 152 (Pa. Super. Ct. 1981)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Gen. Elec. Credit Corp. v. Aetna Cas. & Sur. Co., 263 A.2d 448 (Pa. 1970) 149

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